Answer
Encyclopedia
Generally, an answer is a reply to a question or is a solution, a retaliation, or a response that is relevant to the said question.
In law, an answer was originally a solemn assertion in opposition to some one or something, and thus generally any counter-statement or defense
, a reply
to a question
or response, or objection
, or a correct solution of a problem.
In the common law
, an answer is the first pleading
by a defendant
, usually filed and served upon the plaintiff
within a certain strict time limit after a civil complaint
or criminal information
or indictment
has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer
; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment
.
The answer establishes which allegations (cause of action
in civil matters) set forth by the complaining party will be contested by the defendant, and states all the defendant's defenses
, thus establishing the nature and parameters of the controversy to be decided by the court
.
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilt
y or not guilty. Generally speaking in private, civil cases there is no plea entered of guilt or innocence. There is only a judgment that grants money damages or some other kind of equitable remedy
such as restitution
or a permanent injunction
. Criminal cases may lead to fines or other punishment
, such as imprisonment
.
The famous Latin Responsa Prudentium ("answers of the learned ones") were the accumulated views of many successive generations of Roman lawyer
s, a body of legal opinion which gradually became authoritative.
In music an "answer" (also known as countersubject
) is the technical name in counterpoint for the repetition or modification by one part or instrument of a theme proposed by another.
In law, an answer was originally a solemn assertion in opposition to some one or something, and thus generally any counter-statement or defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
, a reply
Reply
The reply is a response by plaintiff to defendant's answer. A reply occurs only when defendant has asserted a counterclaim or the court has ordered a reply....
to a question
Question
A question may be either a linguistic expression used to make a request for information, or else the request itself made by such an expression. This information may be provided with an answer....
or response, or objection
Objection
Objection may refer to:* Objection , a motion during a trial to disallow a witness's testimony or other evidence* Objection , used in informal logic and argument mapping** Inference objection, a special case of the above...
, or a correct solution of a problem.
In the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, an answer is the first pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
by a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, usually filed and served upon the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
within a certain strict time limit after a civil complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
or criminal information
Information
Information in its most restricted technical sense is a message or collection of messages that consists of an ordered sequence of symbols, or it is the meaning that can be interpreted from such a message or collection of messages. Information can be recorded or transmitted. It can be recorded as...
or indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection...
; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
.
The answer establishes which allegations (cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
in civil matters) set forth by the complaining party will be contested by the defendant, and states all the defendant's defenses
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
, thus establishing the nature and parameters of the controversy to be decided by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
.
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
y or not guilty. Generally speaking in private, civil cases there is no plea entered of guilt or innocence. There is only a judgment that grants money damages or some other kind of equitable remedy
Equitable remedy
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...
such as restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
or a permanent injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
. Criminal cases may lead to fines or other punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
, such as imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
.
The famous Latin Responsa Prudentium ("answers of the learned ones") were the accumulated views of many successive generations of Roman lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, a body of legal opinion which gradually became authoritative.
In music an "answer" (also known as countersubject
Countersubject
In music, a countersubject is a melodic or thematic idea which is played against a primary subject of a fugue, ricercar, invention, sinfonia, or other contrapuntal piece of music...
) is the technical name in counterpoint for the repetition or modification by one part or instrument of a theme proposed by another.